LAW FOR ALL

Specific performance - sale agreement obtained from two brothers only not valid - The said agreement is not enforceable in law in view of Section 17 of the Specific Relief Act in view of right accrued in favour of defendant Nos. 3 to 6 under Section 8 of the Hindu Succession Act. The provisions of Section 17 of the Specific Relief Act in categorical term expressly state that a Contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor who does not have absolute title and right upon the party. Though, the defendants on merits have succeeded in this case for the reasons recorded by us on the substantial questions of law that have been framed by us on appreciation of facts and legal evidence on record, having regard to the peculiar facts and circumstances of the case particularly, the execution of Agreement of Sale, Ex. A-1 by defendant Nos. 1 and 2 on 3.5.1993, after receiving part consideration of Rs.15,000/-, and the submission made by the learned counsel for the defendants, it would be just and proper for this Court to award a sum of Rs.6,00,000/- by lump-sum amount of compensation to the plaintiffs within 3 months from the date of receipt of a copy of this judgment as provided under Section 22 of the Specific Relief Act.= CIVIL APPEAL NO. 7835 OF 2014 (Arising out of SLP(C) NO. 24653 OF 2012) PEMMADA PRABHAKAR & ORS. …APPELLANTS Vs. YOUNGMEN’S VYSYA ASSOCIATION & ORS. …RESPONDENTS = 2014- Aug. Part – http://judis.nic.in/supremecourt/filename=41856